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THE GUARDIANSHIP OF THE JURIST

Khomeini has produced another blasphemous innovation in the Shiite thought: the guardianship of the jurist, upon which the Iranian constitution is based. The Shiites are divided on this issue. What does this innovation mean, and why have the Muslim scholars notified the legal decision of condemning Khomeini to blasphemy regarding this innovation, as they have done previously regarding the other statements mentioned above? This chapter contains a brief summary of this innovation, exposes its blasphemous aspects and the motives behind it, and discusses its effects on the Shiite religion.

PRELIMINARY WORD

Shiism is based on the doctrine that no government in Islam shall be without the presence of an Imaam. The Imaam, according to their false thought, must be appointed by an unequivocal decree. They claim that Allaah commanded His Messenger to specifically appoint Alee as his successor. But the companions, the heretics assert, rejected His command in defiance, and passed on the cAleephate to Abu Bakr and to Umar after him, then to Uthman, may Allaah be pleased with them all, but deprived Alee of it.

The Shiites stretched the lie to encompass the appointment of al Hussein by Alee, and the appointment of al-Hassan by his brother, who in turn appointed his son, and so forth. It is a fact that 'al-Rafidhah' [See Glossary] are divided into several sects. Each of them claimed the Imaamate belonged to its own Imaam, but then the Imaamate was interrupted by the death of al-Hassan al-Askari, who died without having any children.

Having reAleezed that a sudden interruption of the Imaamate would put an end to their false religion and cause their sects to fall apart, they concocted the story of the imaginary son of al-Hassan al-Askari who according to their myth, slipped into a tunnel in Samirra' for fear of assassination and will reappear eventually! Those who fabricated this tale thought that they would confuse the matter, on the chance that someone would appear after a few years and be claimed to be the one! They went as far as claiming that whoever mentions Allaah a certain number of times he would not die until he meets the mahdi! ["The Islamic Government"]

Since Shiism is based on this doctrine, neither Jum'ah, congregational prayers nor Jihad were established pending the reappearance of the hidden twelfth Imaam. But the Rafidhah felt the period of conceAleeng their doctrine was too long. Thus the wickedness of their religion, which is based on reviling the companions of the Messenger of Allaah, cursing every believing Muslim, and commending every Zindiq who opposes Allaah and His Messenger, while hiding behind the household of the Prophet has become manifest.

Since the time they fabricated their gross lie of the disappearance of their Imaam, the Shiites have maintained throughout the ages strong ties with the Jews, Christians, Magians and polytheists against Ahl us-Sunnah Wal-Jama'ah. The Jews masterminded and initiated Shiism through Abdullah bin Saba', the Jew who laid down the cornerstone of this false religion. The contemporary Jews, with the influence they enjoy in America, have found the opportunity to establish their rule in Palestine more peacefully, to divide the Muslim world, and to replace its faith with Shiism whose adherents have been their allies throughout the history. Therefore they have contributed generously to the establishment of the Shiite state. For the first time in the history of Shiism there is a Shiite leader who discards taqiyyah [See Glossary], calls for Jihad and for holding Jum'ah and congregational prayer even during the absence of the infallible Imaam! Khomeini bases this all on the doctrine called 'the guardianship of the Jurist'.

HOW DID 'THE GUARDIANSHIP OF THE JURIST' DOCTRINE ENTER SHIITE; THOUGHT?

Khomeini wrote his book 'The Islamic Government' shortly before the outbreak of the Iranian revolution. In it he asks the Shiites, "For how long will you wait before the appearance of the absent Imaam? We must work from now on for his appearance, to prepare the land for him, so that when he does appear he will find conditions in order and the government already established!"

He suggested a different use of the fifth or 20% of the annual income of every Shiite to be paid to al-albeit, saying, "Bani Hashim, who deserve the fifth, are sufficed by a tenth of a tenth of this amount. What are they doing with these piled millions? We can commence Jihad now, and use this wealth to establish the Islamic state?"

Many Shiites were attracted by Khomeini's opinion, and found in it a relief from humiliation, oppression and the covert practice of their religion throughout their long history. Most of those who were excited by his ideas were the Shiite youths and the Iranian opposition parties during the Shah's autocratic, sacrilegious regime. Thus Khomeini rallied massive power behind him. But Khomeini's seniors, the leaders of their religion, objected to this new trend and considered it as such a departure from the mainstream of Shiite thought that it led to Kufr. Their religion necessitates that no Jum'ah or congregational prayers be held, nor Jihad be called, without the infallible Imaam. In fact Shiism in its entirety is based on this doctrine of the Imaamate, and only the infallible one is entitled to Imaamate, to rule the people in war and peace, and to lead their prayers. How can someone else substitute for him?

The senior Shiite leaders opinion that there was no one to take the place of the infallible Imaam, but Khomeini solved the problem by formulating the doctrine of the deputyship of the absent infallible Imaam, presenting himself as the jurist who combines the conditions of justice and jurisprudence upon which the Shiites must agree. The dissidence over the new doctrine persisted among the Shiites, but was overshadowed by the massive support which Khomeini's revolution received from all the parties who resented the Shah and his rule, coupled with the American Zionist lobby and the active Jewish propaganda which portrayed Khomeini as a mythical hero. As a result, the Muslim youth were captivated by the glitter of this revolution. They naively thought, that this man was the savior who would deliver them from tyrannical rule and loathsome coloniAleesm. The well-orchestrated propaganda which accompanied the revolution preoccupied the Muslims, to the point that they did not endeavor to ask, "What does the doctrine of 'guardianship of the jurist' (which was enshrined in the Iranian constitution) mean?"' Or, "What does the Rafidite Iranian revolution entail?"'

Naturally, no one could hear the voice of the Shiites who opposed the blasphemous doctrine, nor the warnings of those possessed of knowledge among Ahl-al-Sunnah against this innovation, pointing out its dangerous consequences not only to Islam, but also to the world in general.

'THE GUARDIANSHIP OF THE JURIST': WHAT DOES IT MEAN?

This doctrine, conceived by Khomeini, stipulates that during the absence of the infallible Imaam, according to the Shiite false beliefs, the guardianship(!) and leadership of the nation is the responsibility of a just and pious jurist (!!), according to Article 5 of the constitution, (cited above). Article 57 reads:

"The governing authorities in the Islamic Republic of Iran, i.e. the legislative, executive and judicial authorities are to perform all their duties under the guardianship of the Imaam." * And Article 107 reads:

"If the majority of the people know and confer upon one of the quAleefied jurists the quAleeties for leadership defined in Article 5 of this constitution as they are combined in the great religious authority, the leader of the Islamic revolution, Ayatollah Alozma Imaam Khomeini, then that jurist assumes the guardianship as well as the responsibilities derived from the two titles. Otherwise the experts elected by the people shall discuss among themselves who among the quAleefied jurists possesses the charisma of leadership and is recognized as the leader of the people. Otherwise they must appoint three or five jurists possessing the quAleefications as members of the 'leadership council', and introduce them to the people."

The responsibilities of the leader or the deputy of the infallible Imaam, according to the constitution, are listed in the Article 110:

1. Appointing jurists to the council to guard the constitution;

2. Appointing the highest judicial authority in Iran;

3. Commanding of the armed forces, which entails: * appointment or removal of the commander- in-chief, and * appointment and removal of the general commander of the Iranian Revolutionary Guards.

4. Forming the National Defense Council, which is consisted of: - -The president of the republic, - -the prime minister, - -the minister of defense, - -the commander-in-chief, - -the general commander of the Iranian revolutionary guards - -two advisors to be appointed by the leader;

5. Appointing the commanders of the three forces, by recommendation from the supreme council of national defense;

6. Declaring war and peace, and the military mobilization by a recommendation from the above council;

7. Signing the results of presidential elections following the people's representative elections, the candidates in the presidential elections must be approved by the council, as guardians of the constitution, prior to elections.

8. Removing the president if it is in the national interest, after a supreme court decision based on inability to perform constitutional duties and upon deliverance from the national Shura council confirming the president's political incapacity;

9. Granting clemency or lightening sentences within the framework of Islamic criteria, after a recommendation from the supreme court.

Careful reading of the articles of the Iranian constitution, and the 'Guardianship of the Jurist' in particular, reveals the following facts:

1) This direction contradicts the doctrinal bases of Shiism of 'no government without the infallible Imaam'. For this reason, the Shiites disacknowledge the governing authority of Ahl al-Sunnah who believe that the responsibility of governing the Muslim ummah belongs to the KhAleefah, who is chosen and approved by the ummah. And the KhAleefah, or cAleeph, according to the people of truth, Ahl al-Sunnah Wal-Jama'ah is the Imaam whose 'Ijtihad' is subject to write or wrong, and who consults the people of knowledge, and if they differ over any issue, then the final arbiter is the Book of Allaah and the Sunnah of His Messenger as commended by Allaah: "O, you who believe! obey Allaah, and obey the Messenger and those who are in authority among you. And if you differ any thing among yourselves, refer it to Allaah and to His Messenger , if you are believing b All ah and the Last Day. That is best and most commendable in the end." (Qur'aan - 4:59) However, the Rafidites declare that there is no governing authority without the infallible Imaam, and that that is no room for Ijtihad, errors, or oblivion in governing the nation!! This was only so until Khomeini who is not infallible of course, emerged with his 'guardianship of the jurist' doctrine, which is incongruous with the Rafidite basic principle. Thus to undo the first knot of Shiism.

2) The Iranian constitution gives Khomeini (who claims to possess justice, knowledge of jurisprudence, and familiarity with the present age) a mandate to concentrate all powers in his hands. Thus this jurist, the deputy of the Imaam, has become the lawmaker and self-appointed ruler, with unchallenged authority over all aspects of the lives of the Iranian people. He certainly exercised his authority when he removed the elected president, Bani Sadr, from office as if he were a minor employee. He also gave himself power over all levels of government, as well as the right of interpreting the religion and the absolute ijtihad.

3) It is obvious that the Iranian constitution has invested Khomeini with all this authority by virtue of the guardianship of the jurist' doctrine, and as the deputy of the absent Imaam. It is also obvious that the absent Imaam is infallible according to the Rafidite religion, and that oblivion, slips or mistakes do not apply to him. Undoubtedly, all authority originally belonging to the alleged absent Imaam has automatically been transferred to his deputy. Consequently, any objection directed against this deputy is, ipso facto, objection against the deputized!! For this reason everyone opposed Khomeini was destined to expulsion, isolation, banishment or death, regardless of the religious, or academic status the unfortunate may have previously earned. In his renowned book 'The Miserable Revolution', Dr. Musa al- Musawi says: "The whole world, Muslim and non-Muslim should know that the senior jurists of Iran, and the grand men of religious authority have vehemently opposed the 'guardianship of the Jurist' doctrine and declared that it has no relevance to the religion, and that it is an innovation and deviation. The great spiritual leader Shari'atmadari, who contributed greatly to the beginning of the revolution, was about to pay the price of his life for opposing this doctrine. And when he insisted on his opposition, Khomeini sent ten thousand men with clubs to his house to kill him and his followers, shouting in unison and pointing at his house saying, "the den of espionage; it must be demolished and burnt down." The guards of Imaam Shari'atmadari put up a desperate struggle against the barbaric attack waged by a rising Imaam at the cost of two lives.

4) When Khomeini arrogated to himself the position of deputy of the alleged Imaam (whom he considers to be superior to the preceding Imaams, the Messengers and Prophets), he consequently assumed for himself the status of his Imaam!!! Speaking of his alleged absent Imaam, Khomeini says: "I cannot call him leader, because he is greater than that, nor can I call him the first man, because there is no one to succeed him, nor is there anyone comparable to him. Therefore, I cannot describe him with words other than 'the promised expected mahdi' whom Allaah saved for mankind. So we have to prepare ourselves to behold him (!!) If we are successful, we will be able to raise our heads in pride. We hope that the other countries prepare themselves for the appearance of al-mahdi, peace be on him, and be ready for his visit." [Ibid 55] He added in the same speech: "Al-Imaam al-mahdi, whom Allaah Subhanahu has preserved as a treasure for mankind, will work to establish justice throughout the world, and will succeed were all the prophets failed." Thus Khomeini places his absent mahdi (who has never existed, nor will he ever) above all the prophets. And naturally, since he is the deputy of the alleged Imaam, he also is superior to the prophets. For this reason Khomeini's followers describe him as the 'Ibrahim of the time' and the 'Musa of this age'. In his book, 'Master Khomeini on the Scales', Dr. Musa alMusawi states, "Khomeini, glorifies and deifies himself to the point of appointing Fajr Hijazi as Iran's representative to the People's Council and as head of the Institution of the Oppressed, the largest financial outfit in the country. By giving himself absolute authority, as the deputy of the Imaam, he acquired the title 'leader'' and made it a slogan for the mobs to call, "Allaahu Akbar, Khomeini rahbar". But to further satisfy his arrogance, he added a new sentence to the 'azan', (the call for prayer), placing his name before the name of the Prophet , as follows: "Allaahu Akbar Allaahu Akbar Khomeini rahbar (the leader) ash-hadu Anna Muhammadan Rasoolullah...."

5) One can imagine how the nation looks when its resources, legislation, government, and people are controlled by a foolish dotard in his eighties. By one word from his mouth he can pass a law, appoint or remove from office whomever he pleases, change the religion, or kill and torture whoever he pleases. Imagine how a man like this can drag the country to destruction, without any regrets! If a God-fearing person were to concentrate in his hands so much authority, he would produce catastrophe. How much more so when the leader is Khomeini!? Dr. Musawi comments: "Khomeini is a narcissist, and egotist to the point that he does not mind if the whole world is destroyed for his own ends; he can see none but himself. This is the worst attitude a dictatorial leader may possess, particularly if that leader is invested with ecclesiastical power." Dr. Musawi further elaborates, "Of his most peculiar Shiite characteristics is the hidden grudge which he carries against anyone who has offended him once, even half a century ago. He never forgets offenses. He never forgets nor pardons an offense; and avenges at the first opportunity. Bloodshed and mass execution do not bother him, nor does Iying in public or in private embarrass him." "When power came into his hand," Dr. Musawi elaborated, "he committed crimes that make the skin crawl. He undertakes corruption in the name of Islam, a stigma which will remain throughout history. This ascetic Taghoot, ruthless jurist, rebellious dictator and aged executioner bereaves mothers of their children, and renders children orphans. He killed as many of the sons of the Iranian people in four years as his predecessor killed in thirty years. This is the one who is indeed the worst known swindler and deceiving impostor in history." Musawi added: "Thus the poor Iranian people are subjects of the bloodthirsty lunatic disguised in ecclesiastic garb." If the above are only some of Khomeini's characteristics, then how evil are the consequences of his assumption of leadership with absolute authority? We read and hear about the daily destruction and killing. He has executed 100,000 persons during the black years of his reign. The contemporary history has not since Stalin known a more ruthless ruler than this man. However, we may not be surprised to hear of similar crimes committed by another tagoot like Stalin, but we are when a maniac tagoot like Khomeini commits all his crimes in the name of Islam and the Qur'aan, spreading his evil across the Muslim world. Even the Holiest shrine, al-Masjid al-Haram in Mecca, did not escape his evil. He desired to turn it into a slaughterhouse in which the Muslims were about to be massacred. Can there be more evil than the 'the Guardianship of the jurist', the just and pious who is aware of the contemporary age?!

6) The blasphemous aspect of the articles relevant to the 'guardianship of the Jurist' enshrined in the Iranian constitution, is that it made this jurist (in whose hands lie all the powers), the final arbiter in every dispute and gave him the final word in religion. This contradicts the source of authority in Islam, Allaah alone, and that any dispute between the ruler and the ruled must be referred to the Book of Allaah and the Sunnah of His Messenger as commanded by Allaah: "And obey Allaah and obey the Messenger, and those m authority among you, and if you differ in anything among yourselves then refer it to Allaah and to the Messenger if you believe in Allaah and the Last Day. This is best and most commendable the end." (Qur'aan - 4:59) But the Iranian constitution stipulates that all disputes must be referred to the just jurist, the deputy of the absent infallible Imaam, Khomeini. Thus he inducted himself in the place of Allaah to become the source of power and the one who executes it as well. Since the Imaam, according to Shiites, is the source of power and legislation, has the right of interpreting the Qur'aan, and is the one who executes the authority, Khomeini, by virtue of his position as the deputy of the alleged Imaam, assumes all his powers including appointing and removing from office every head of any authority in the country in accordance with Article 110, which deals with the vAleedity of leadership.

CONCLUSION

Thus Khomeini's innovation, 'the Guardianship of the Jurist', along with the myth of the absent Imaam (whom, if he ever exists might or might not be content with the one who represents him) constitutes sheer blasphemy. Blasphemous as it may be, this innovation has awakened many of the Shiites from their deep sleep to discover the falsity of this school of thought, and of the gross lie, 'the guardianship of the jurist' doctrine, because they are the first to suffer its consequences. It has made those who believe in the absolute Imaamate of Khomeini and in his representation of the infallible Imaam gain the upper hand over the Iranian people. The Shiites who oppose Khomeini receive severe torment. Surprisingly enough, Khomeini and those who adhere to his ominous tract of thought take pains to export their listless doctrine all over the world, and endeavor to promote it in the Muslim world, inviting the Muslims to embrace their ominous religion and to pledge allegiance to Khomeini as the Imaam of the whole Muslim ummah (!) and as deputy of the mythical Imaam! This indeed is despicable devilish insolence. It is also surprising to find among Ahl al Sunnah those who are void of perception and discernment supporting him and preaching his ideas without being aware of the doctrinal, practical or judicial dimensions of this ominous innovation of 'Wilayat al-faqeeh', or the guardianship of the jurist!!

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